HomeMy WebLinkAboutCity of Tamarac Resolution R-94-0561
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Temp. Reso. #6679
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-94- J:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AGREEMENT RETAINING THE LAW FIRM OF LEIBOWITZ
& ASSOCIATES, P.A. AS OUTSIDE COUNSEL FOR THE
PURPOSE OF PREPARING A MODEL CABLE TELEVISION
FRANCHISE ORDINANCE FOR THE CITY OF TAMARAC;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Tamarac, Florida deems i
to be in the best interests of the citizens and residents of the City o
Tamarac to enter into an Agreement with the law firm of Leibowitz
Associates, P.A. to prepare a model cable television franchise ordinanc(
for the City of Tamarac. L
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE C
OF TAMARAC, FLORIDA:
aECTION 1_. That the foregoing "WHEREAS" clause is hereby
ratified and confirmed as being true and correct and is hereby made E
specific part of this resolution.
SECTION 2: That the appropriate City officials are hereb
authorized to execute an Agreement with Leibowitz & Associates, P.A., t
provide outside counsel for the purpose of preparing model cabl
television franchise ordinance for the City in the area of cable televisior
(a copy of the Agreement is attached hereto as "Exhibit A" and made a pa
hereof.)
SECTION 3: All resolutions or parts of resolutions in confli
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Temp. Reso. #5679
herewith are hereby repealed to the extent of such conflict.
SECTION 4 If any clause, section, other part or application of
this Resolution is held by any court of competent jurisdiction to be
unconstitutional or invalid, in part or application, it shall not affect the
validity of the remaining portions or applications of this Resolution.
SECTION 5: This Resolution shall become effective
immediately upon its passage and adoption
PASSED, ADOPTED AND APPROVED this /3 day of alaa
1994.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOUMION as to form.
1ITCHELL S"KRA
CITY ATTORNEY
[CableCounselCity.ms]
IF
NORMAN ABF
MAYOR
RECORD OF COUNCIL VOTE
MAYOR ABRAMOWITZ
DISTRICT 1
DISTRICT 2:
DISTRICTS:
DISTRICT 4:
V / M !(ATZ
C / I'A SC-NREIBER _.
TkAl fte1Pr%UCft
11
MATTHEW L. LEIBOWITZ
JOSEPH A. BELISLE
ILA L. FELD
OF COUNSEL
AARON P. SHAINIS
LEE PELTZMAN�
SANFORD L. BOHRER
NOT ADMITTED TO
FLORIDA BAR
Mitchell Kraft,
City of Tamarac
76525 N.W. 88th
Tamarac, Florida
Dear Mitch,
LEIBOWITZ & ASSOCIATES, P.A.
SUITE 1450
SUNSANK INTERNATIONAL CENTER
ONE SOUTHEAST THIRD AVENUE
MIAMI, FLORIDA 3.31.31-1715
TELEPHONE (305) 530-1322
TELECOMIER (305) 530-9417
March 30, 1994
City Attorney
Avenue
33321-2401
4 - 14-SZ.1.2
SUITE 500
1255 23RD STREET, N.W.
WASHINGTON, O.C. 20037
This letter is to set forth the Agreement of the City of
Tamarac, Florida to retain the Law Farm of Leibowitz & Associates
as counsel for the purpose of preparing a model cable television
franchise ordinance.
Our fee for this project is $5,000 for which we will provide
a single model ordinance, appropriate telephone consultations to
review the document with the City Attorney and an oral presentation
or workshop for the City Commission of the document.
Any additional attorney services provide in connection with
the scope of this work, including participation in negotiations
with the cable companies, will be billed a the blended hourly rate
of $175.
In addition to fees, Leibowitz & Associates shall be entitled
to payment of out-of-pocket expenses and reimbursements, including
but not limited to long distance telephone calls, air express
charges, printing and hand delivery. Photocopies are billed at the
rate of .25 cents per copy. Facsimile transmissions are billed at
the rate of $2.00 per page. Travel outside of Dade, Broward and
Palm Beach counties and lodging, and retaining of outside
professionals, incurred as a result of the above -referenced
services shall be approved by the City of Tamarac prior to being
incurred.
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Page Two
The fixed fee of $5,000 will be due and payable upon receipt
of the ordinance.
All other fees and expenses will be billed monthly and payable
within thirty days of billing. Billing statements will identify
the individual attorney and the amount of time involved in the
work.
This Agreement shall be for a term of one year, from the date
this Agreement is accepted by the City. However, it may be
cancelled at any time by either the City or Leibowitz & Associates
upon receipt of 30 days written notice.
In addition, this letter will serve to confirm that Leibowitz
& Associates has been retained by the Woodmont Property Owners
Association, Inc. to represent the Association in all matter
related to the award of a cable television services contract.
Moreover, it has been agreed by and among the Woodmont Property
Owner's Association, Inc. and the City of Tamarac that the Firm's
representation of the City concurrent with its representation of
Woodmont is acceptable to all parties. Similarly, the Farm has
also represented Woodlands, however, if at any time, in the opinion
of the Law Firm, a conflict of interest exists between the
Associations and the City of Tamarac, Leibowitz & Associates may,
at the Firm's discretion, discontinue representation of the
Associations pursuant to our agreement with the Associations.
If the foregoing meets with your approval, please so indicate
by signing this letter where indicated and returning an executed
copy to our office for our records.
We look forward to working with you and the other city
officials on this very exciting project.
Sincerely yours,
Matthew L. Leibowitz
CITY OF TAMARAC
The undersigned, being duly authorized, hereby accepts this
en `ment.
F? t 1 ,
� - B.
Robert S. Noe, Jr. onman Abramowitz
City Manager
Date: �' 9 A proved as to if
ATTEST:
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Carol A. Evans, City Clerk, CMC itchel S. Kraft, Ci - 'Attorney